IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24738 of 2025 Arising Out of PS. Case No.-2278 Year-2024 Thana- Cyber P.S. District- Patna ====================================================== Kunal Kumar Son of Rakesh Kumar Village -Sultanpur PS -Sheikhpura District- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate For the Opposite Party/s : Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Patna Cyber P.S. Case No. 2278 of 2024, registered on 01.12.2024, for the alleged offences under Sections 112(2), 318(4), 319(2), 336(2) & 61(2)(b) of Bharatiya Nyaya Sanhita, 2023 and Sections 66 C and 66 D of the I.T. Act. 03. As per prosecution case, on the basis of report received from the cyber portal about some cyber crime being committed through a mobile number, a raid was conducted on the location of mobile and the petitioner and co-accused were apprehended and from the possession of the petitioner, five mobile phones with their SIM cards were recovered. Police Patna High Court CR. MISC. No.24738 of 2025(2) dt.30-04-2025 2/4 came to know from interrogation of the apprehended persons that they have been indulging in committing cyber fraud by sending link and apk file to victims. The petitioner is stated to be one of the members of the gang of cyber criminals. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no involvement in the alleged occurrence and the mobile phones, so recovered, are planted. Learned counsel further submits that petitioner is friend of co- accused Vinayak Kumar and has been living separately from him and he is a student. On the date of occurrence, he went to visit his friend in good faith and he was having no knowledge about the cyber crime. As the petitioner went to visit his friend, he was apprehended. Learned counsel further submits that, in fact, suspicious mobile and nine other mobiles with SIM card were recovered from the co-accused Vinayak Kumar, which shows the petitioner has no involvement in the alleged occurrence. Not a single penny has been recovered from this petitioner though allegation is that accused persons have been committing fraud and getting money. The police did not serve the petitioner with any notice though the offences in which he has been arraigned carries punishment of 7 years. The Patna High Court CR. MISC. No.24738 of 2025(2) dt.30-04-2025 3/4 petitioner is in custody since 02.12.2024 and charge-sheet has been submitted. The petitioner is having clean antecedent. 05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner appears to be a member of gang of cyber criminals. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Patna/court concerned in connection with Patna Cyber P.S. Case No. 2278 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail Patna High Court CR. MISC. No.24738 of 2025(2) dt.30-04-2025 4/4 bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T